Page 34 - The Motor Vehicles Act, 1988

20 THE MOTOR VEHICLES ACT, 1988 SECTION 21

to clause (c) of sub-section (1) of section 132 or section 134, such disqualification shall
be for a period of not less than one month, and if the offence is relatable to section 185,
such disqualification shall be for a period of not less than six months.
(3) A court shall, unless for special reasons to be recorded in writing it thinks fit to
order otherwise, order the disqualification of a person—
(a) who having been convicted of an offence punishable under section 184 is
again convicted of an offence punishable under that section,
(b) who is convicted of an offence punishable under section 189, or
(c) who is convicted of an offence punishable under section 192:
PROVIDED that the period of disqualification shall not exceed, in the case referred
to in clause (a), five years, or in the case referred to in clause (b), two years or, in the case
referred to in clause (c), one year.
(4) A court ordering the disqualification of a person convicted of an offence
punishable under section 184 may direct that such person shall, whether he has
previously passed the test of competence to drive as referred to in sub-section (3) of
section 9 or not, remain disqualified until he has subsequent to the making of the order
of disqualification passed that test to the satisfaction of the licensing authority.
(5) The court to which an appeal would ordinarily lie from any conviction of an
offence of the nature specified in sub-section (1) may set aside or vary any order of
disqualification made under that sub-section notwithstanding that no appeal would lie
against the conviction as a result of which such order of disqualification was made.
21. Suspension of driving licence in certain cases
(1) Where, in relation to a person who has been previously convicted of an offence
punishable under section 184, a case is registered by a police officer on the allegation
that such person has, by such dangerous driving as is referred to in the said section 184,
of any class or description of motor vehicle caused the death of, or grievous hurt to, one
or more persons, the driving licence held by such person shall in relation to such class
or description of motor vehicle become suspended—
(a) for a period of six months from the date on which the case is registered, or
(b) if such person is discharged or acquitted before the expiry of the period
aforesaid, until such discharge or acquittal, as the case may be.
(2) Where by virtue of the provisions of sub-section (1), the driving licence held by
a person becomes suspended, the police officer, by whom the case referred to in sub-
section (1) is registered, shall bring such suspension to the notice of the court competent
to take cognizance of such offence, and thereupon, such court shall take possession of
the driving licence, endorse the suspension thereon and intimate the fact of such
endorsement to the licensing authority by which the licence was granted or last renewed.
(3) Where the person referred to in sub-section (1) is acquitted or discharged, the
court shall cancel the endorsement on such driving licence with regard to the suspension
thereof.
(4) If a driving licence in relation to a particular class or description of motor vehicles
is suspended under sub-section (1), the person holding such licence shall be debarred
from holding or obtaining any licence to drive such particular class or description of
motor vehicles so long as the suspension of the driving licence remains in force.